Pussy Riot appeal to the European Court of Human Rights

Members of the female punk band "Pussy Riot" (L-R) Maria Alyokhina, Yekaterina Samutsevich and Nadezhda Tolokonnikova sit in a glass-walled cage before a court hearing in Moscow, October 1, 2012. Source: Reuters

Jailed punk group Pussy Riot has filed an appeal to the European Court of Human Rights, claiming the Russian government violated several articles of the Convention on Human Rights in sentencing the band to prison. The group’s lawyers say the controversial performance was meant to be a political retort and not an insult to religion.

The members of the
feminist punk group Pussy Riot, who were sentenced for their irreverent “punk
prayer” in the Cathedral of Christ the Saviour, have filed an appeal with the
European Court of Human Rights (ECHR).

They insist that the Russian government
be found guilty of violating their freedom of expression, right to fair trial
and right to decent treatment. The ECHR seems very eager to consider the punk
group case, as the judges asked lawyers for the three convicted Pussy Riot
members to submit all relevant documents as soon as possible in order to launch
the proceedings.

Pussy Riot
lawyers claim that Moscow’s Khamovniki District Court, which sentenced the
three punk group members to two years in prison for their “punk prayer” in the
Cathedral of Christ the Saviour on August 17, 2012, failed to comply with
several articles of the European Convention on Human Rights, including article
10 (freedom of expression), article 5 (right to liberty and security of
person), article 3 (prohibiting torture) and article 6 (right to a fair trial).

The lawyers insist
that the group’s act in the church should not be treated as an attempt to
insult religious shrines and beliefs (the considerations that underlay the
sentence), since it was an artistic performance, which cannot be judged outside
of the context of the political situation in Russia.

The authors of the
complaint note that Pussy Riot was formed following the statement by then
President Dmitry Medvedev, who said on September 24, 2011 that he would not run
for a new presidential term — making way for Vladimir Putin.

On February 1,
2012, Russian Orthodox Patriarch Kirill expressed what the group considered to
be public support for presidential candidate Vladimir Putin at the Bishops’
Council held in the Cathedral of Christ the Saviour. This “outraged the
participants in Pussy Riot,” who already had a rich experience in political
performances.

“The girls began
preparing for another political protest only as a response to that statement.
They worked out symbols, an action plan and lyrics, which were later found to
insult the feelings of Orthodox believers. Yet the act should be perceived
exclusively as a response to the words of the Primate of the Russian Orthodox
Church, who said that he openly supported a specific presidential candidate,”
the lawyers for the punk group say.

They do not
comment on the compensation demanded.

Related:

“It is more important for the court to
declare our innocence and the Russian authorities guilty of violating human
rights. I think we have a good chance of winning, because the whole of Europe
has been keeping an eye on our case,” Ekaterina Samutsevich, a member of Pussy
Riot, told Kommersant.

Ksenia Chernega,
head of the legal department of the Moscow Patriarchy, has doubts that the ECHR
will allow the complaint lodged by Pussy Riot.

“They were sentenced not for
certain statements, but for hooliganism. They were found guilty of performing
acts of hooliganism. Furthermore, freedom of speech is not an absolute freedom
and can be restricted to protect certain values. If their performance insulted
a group of people, they should be punished,” she told Kommersant.

Kommersant earlier reported that the ECHR was particularly
interested in considering the Pussy Riot case, out of thousands of complaints
filed by those willing to sue the state (Russia is by far the leader in Europe
in the number of such appeals).

Lawyer Irina Khrunova, who sent a preliminary
complaint to Strasbourg on behalf of the punk group, received a letter from the
ECHR with a request to submit additional documents as soon as possible, this
being indicative of the court’s willingness to consider the Pussy Riot case.